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Texas Finance Code - FIN § 349.003. Liability for Failure to Perform or for Performance of Prohibited Act

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided by this subtitle, a person who fails to perform a requirement specifically imposed on the person by this subtitle or who commits an act prohibited by this subtitle is liable to the obligor for an amount that does not exceed an amount computed under one, but not both, of the following:

(1) three times the actual economic loss to the obligor that results from the violation; or

(2) if the violation was material and the violation induced the obligor to enter into a transaction that the obligor would not have entered if the violation had not occurred, twice the interest or time price differential contracted for, charged, or received, not to exceed:

(A) $2,000 in a transaction in which the amount financed does not exceed $5,000; or

(B) $4,000 in a transaction in which the amount financed exceeds $5,000.

(b) A person who is liable under Subsection (a) is also liable for reasonable attorney's fees set by the court.

(c) In a judicial proceeding under Subsection (a)(2), the court determines whether the violation is material and the finder of fact determines whether the violation induced the obligor to enter into the transaction.

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Cite this article: FindLaw.com - Texas Finance Code - FIN § 349.003. Liability for Failure to Perform or for Performance of Prohibited Act - last updated January 01, 2024 | https://codes.findlaw.com/tx/finance-code/fin-sect-349-003/

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